Chapter 3796:6-4 Enforcement

Pursuant to section
3796.15 of the Revised Code, the
state board of pharmacy shall regulate activities and enforce compliance with
activities as they relate to the dispensing of medical marijuana and medical
marijuana products to registered patients and designated caregivers. The state
board of pharmacy shall investigate all activities related to Chapters 2925.,
3715., 3719., and 3796. of the Revised Code as they relate to dispensing
operations.

(A)
Dispensaries are
subject to random and unannounced dispensary inspections and medical marijuana
testing by the state board of pharmacy.

(B)
The state board
of pharmacy and its authorized representatives may:

(1)
Enter any place,
including a vehicle, in which medical marijuana is held, stored, dispensed,
sold, produced, delivered, transported, manufactured, or disposed
of;

(2)
Inspect in a reasonable manner, the place and all
pertinent equipment, containers, and labeling and all things including records,
files, financial data, sales data, shipping data, pricing data, personnel data,
research, papers, processes, controls, and facility, and inventory of any stock
of medical marijuana; and

(3)
Obtain any medical marijuana or medical marijuana
product, any labels or containers for medical marijuana, or
paraphernalia.

(C)
The state board of pharmacy may investigate an
applicant, application, a dispensary with under a provisional license, a
licensed dispensary, principle officer, dispensary employee, third party vendor
or any other party associated with a dispensary for an alleged violation of
Chapter 3796. of the Revised Code or this division or to determine
qualifications to be granted a license by the state board of
pharmacy.

(D)
The state board of pharmacy may require an applicant, a
dispensary under a provisional license, or a licensed dispensary to produce
documents, records or any other material pertinent to the investigation of an
application or alleged violation of Chapter 3796. of the Revised Code or this
division. Failure to provide the required material may be grounds for denial or
discipline.

(E)
Every person charged with preparation, obtaining or
keeping records, logs, reports or other documents in connection with Chapter
3796. of the Revised Code or this division, and every person in charge, or
having custody of those documents shall, upon request by the state board of
pharmacy, make the documents immediately available for inspection and copying
by the state board of pharmacy, the state board of pharmacy's authorized
representative or others authorized by law to review the
documents.

(F)
All information collected by the state board of
pharmacy in the course of an examination, inspection or investigation of a
licensee or applicant, including, but not limited to, any complaint against a
license filed with the state board of pharmacy and information collected to
investigate a complaint, shall be maintained for the use of the state board of
pharmacy and shall not be disclosed except as authorized by state or federal
law.

(A)
The state board of pharmacy, after notice and hearing
in accordance with Chapter 119. of the Revised Code, may revoke, suspend,
limit, place on probation, or refuse to grant or renew a dispensary provisional
license, certificate of operation, or a dispensary employee license, or may
impose a monetary penalty or forfeiture if the board finds that the
licensee:

(1)
Has violated any state or federal law or rule, regardless of
jurisdiction in which acts were committed, except for minor traffic violations
such as parking violations, speeding tickets and violations such as failure to
obey a red light, failure to use a turn signal or expired registration. Acts in
accordance to Chapter 3796. of the Revised Code and this division that
constitute a violation of federal law shall not be considered as grounds for
discipline;

(2)
Has committed a crime of moral turpitude, as defined in
section 4776.10 of the Revised
Code;

(4)
Guilty of dishonesty or unprofessional conduct over the
course of his or her dispensary duties;

(5)
Is addicted to or
abusing alcohol or drugs or impaired physically or mentally to such a degree as
to render the employee unfit to operate or work in a
dispensary;

(6)
Has been convicted of a misdemeanor or felony related
to, or committed in, any function related to the operation of a
dispensary;

(7)
Violated, conspired to violate, attempted to violate,
or aided and abetted the violation of any of the provisions of Chapter 2925.,
3715., 3719., 3796., or 4729. of the Revised Code, or of any rule adopted by
the board under those provisions;

(8)
Divided or agreed
to divide remuneration made in the course of the cultivation, processing,
dispensing, purchase or sale of medical marijuana with any licensed health
professional certified to recommend medical marijuana;

(9)
Knowingly lent
the employee's name to an illegal operator of a medical marijuana cultivating,
processing, or dispensing facility or having professional connection with an
illegal medical marijuana entity;

(10)
Allowed a
physician with a certificate to recommend medical marijuana to obtain an
ownership or investment interest in or a compensation arrangement with a
licensed dispensary;

(11)
Allowed a recommending physician to conduct a physical
examination or follow up care on dispensary premises;

(13)
Committed fraud,
misrepresentation, or deception in furnishing information to the state board of
pharmacy, including in applying for or securing a license, registration, or
renewal issued under Chapter 3715., 3719., 3796., or 4729. of the Revised
Code;

(14)
Failed to comply with an order of the board or a
settlement agreement;

(18)
Has a causal
connection to a finding by the state board of pharmacy of a substantial
discrepancy in a state board of pharmacy audit of medical
marijuana;

(19)
Has a causal connection to a finding by the state board
of pharmacy of a substantial discrepancy in a state board of pharmacy audit of
capital or funds;

(20)
Has an inability to operate using reasonable judgment,
skill or safety due to physical or mental illness or other impairment or
disability, including without limitation, deterioration through the aging
process or loss of motor skills or mental incompetence;

(21)
Has engaged in
or permitted the fraudulent use of a dispensary employee identification
card;

(23)
Failed to report
to the state board of pharmacy, within five calendar days of becoming aware,
that an employee identification card has been lost, stolen, or
destroyed;

(24)
Failed to report to the state board of pharmacy, within
five calendar days, any arrest, charge, or conviction for a disqualifying
offense;

(25)
Failed to report to the state board of pharmacy, within
five calendar days, any adverse action taken against the employee by any
licensing jurisdiction in any state or any territory of the United States or
any foreign jurisdiction, any governmental agency, any law enforcement agency
or any court;

(26)
Failed to notify the state board of pharmacy of a
change of address;

(27)
Disclosed customer names, personal information or
protected health information in violation of any state or federal
law;

(28)
Dispensed medical marijuana to any person other than a
qualified patient or designated caregiver, or when otherwise prohibited under
this division;

(29)
Is an entity that operated as a dispensary before
obtaining a certificate of operation from the state board of
pharmacy;

(30)
Is an associated key or key employee who failed to
report to the state board of pharmacy when he or she knew or should have known
that a dispensary employee was using medical marijuana when the employee does
not have a qualifying patient registration;

(31)
Is subject to
any fact or condition which, if it had existed at the time of the original
application for the license, would have warranted the denial of the
license;

(32)
Selling, distributing, transferring in any manner, or
giving medical marijuana or medical marijuana products to any unauthorized
persons;

(33)
Permitted a person without a valid dispensary employee
license to be employed by a dispensary;

(34)
Failed to assign
a designated representative as required under this division;

(35)
Failed to hire
sufficient personnel or maintained employment of employees who were unqualified
in training or experience to properly operate a dispensary;

(36)
Engaged in any
pattern of activity that causes harm to the community;

(37)
Dispensed or
allowed to be dispensed, medical marijuana with improper labeling or medical
marijuana that did not meet the labeling requirements of this
division;

(38)
Failed to provide appropriate education to a patient or
caregiver in compliance with rule 3796:6-3-15 of the Administrative Code;

(39)
Knowingly provided inaccurate or inappropriate
education to a patient or caregiver;

(40)
Has ever been
denied a license to prescribe, dispense, administer, supply, or sell a
controlled substance by the appropriate issuing body of any state or
jurisdiction, based, in whole or in part, on the inappropriate prescribing
dispensing, administering, supplying or selling a controlled substance or other
dangerous drug other than medical marijuana dispensed;

(41)
Has held a
license issued by the drug enforcement administration or a state licensing
agency in any jurisdiction, under which the person may prescribe, dispense,
administer, supply or sell a controlled substance, that has ever been
restricted, based, in whole or in part, on the prescriber's inappropriate
prescribing, dispensing, personally furnishing, diverting, administering,
supplying, or selling a controlled substance or other dangerous
drug;

(42)
Has been subject to disciplinary action by any
licensing entity that was based, in whole or in part, on the prescribers
inappropriate prescribing, dispensing, diverting, administering, personally
furnishing, diverting, supplying or selling a controlled substance or other
dangerous drug;

(43)
Canceled a bond and the licensee failed to file a new
bond with the state board of pharmacy in the required amount on or before the
effective date of cancellation;

(44)
Placed or
maintained, or caused to be placed or maintained, an unauthorized advertisement
of medical marijuana or medical marijuana products; and

(45)
Failed to
prevent diversion, theft, or loss of medical marijuana or to notify the state
board of pharmacy thereof;

(46)
Engaged in any
other conduct for which the board may impose discipline as set forth in rules
adopted under Chapter 3796. of the Revised Code or this
division.

(B)
A dispensary is responsible to the state or local
governmental entity for all expenses incurred by the state or local
governmental entity in the following:

(1)
Cleaning up,
mitigating or remedying any environmental damage caused by the dispensary;
and

(A)
The state board
of pharmacy, after notice and hearing in accordance with Chapter 119. of the
Revised Code, may impose any one or more of the following sanctions on a
dispensary or a dispensary employee if the board finds evidence of any of the
conduct set forth in rule 3796:6-4-03 of the Administrative Code:

(1)
Revoke, suspend,
restrict, limit, or refuse to grant or renew a license, including a dispensary
certificate of operation;

(3)
Impose a monetary penalty, not to exceed fifty thousand
dollars for each finding, or forfeiture.

(B)
Any licensee
whose license is revoked, suspended, or refused, shall return his or her
identification card to the offices of the state board of pharmacy within ten
business days of receipt of notice of such action.

(C)
If, the board has
reasonable cause to believe that a dispensary employee is physically or
mentally impaired, the board may require the employee to submit to a physical
or mental examination, or both.

(A)
Pursuant to
division (B)(3) of section
3796.14 of the Revised Code, the
state board of pharmacy may suspend a dispensary employee license by using a
telephone conference call to review the allegations and take a vote under the
following circumstances:

(1)
Upon a finding that a dispensary employee is abusing or
becomes addicted to the use of controlled substances the dispensary employee's
license shall be suspended by the board until the person offers satisfactory
proof to the state board of pharmacy that the person no longer is addicted to
the use of controlled substances;

(2)
If the board
determines that there is clear and convincing evidence that continuation of the
dispensary employee's practice or method of dispensing, using or furnishing
medical marijuana presents a danger of immediate and serious harm to oneself or
to others, the state board of pharmacy shall suspend the person's license
without a hearing;

(3)
On receiving notification that a dispensary employee
has been convicted of or pleaded guilty to a disqualifying offense, the state
board of pharmacy shall suspend the person's license without a
hearing;

(4)
On receiving notification that a dispensary employee
pleaded guilty to, was found guilty by a jury or court of, or was convicted of
a felony drug abuse offense; a finding by a court of the dispensary employee's
eligibility for intervention in lieu of conviction; a dispensary employee's
plea of guilty to, or a finding by a jury or court of the employee's guilt of,
or the employee's conviction of an offense in another jurisdiction that is
substantially the same as a felony drug abuse offense; or a finding by a court
of the employee's eligibility for treatment or intervention in lieu of
conviction in another jurisdiction, the state board of pharmacy immediately
shall suspend the license of that person.

(B)
The board shall
follow the procedure for suspension without a prior hearing in section
119.07 of the Revised Code. The
suspension shall remain in effect, unless removed by the board, until the
board's final adjudication order becomes effective, except that if the board
does not issue its final adjudication order within ninety days after the
hearing the suspension shall be void ninety-one days after the
hearing.

Pursuant to division (B)(3) of section
3796.14 of the Revised Code, if
the state board of pharmacy determines that there is clear and convincing
evidence that the method used by a dispensary to possess or dispense medical
marijuana presents a danger of immediate and serious harm to others, the board
may suspend the dispensary's license without a hearing. Upon the suspension of
a dispensary certificate of operation, all medical marijuana shall be placed
under seal in accordance with division (C) of section
3796.15 of the Revised Code. The
board shall follow the procedure for suspension without a prior hearing in
section 119.07 of the Revised Code. The
suspension shall remain in effect, unless removed by the board until the
board's final adjudication order becomes effective, except that if the board
does not issue its final judgment order within ninety days after the hearing,
the suspension shall be void on the ninety-first day after the
hearing.

(A)
Any dispensary
that does not store medical marijuana in compliance with this division, or that
stores medical marijuana at a location other than that for which the dispensary
license was issued, may have its license suspended or revoked. In such a case,
all medical marijuana under the dispensary's control will be subject to being
placed under seal by the state board of pharmacy in compliance with division
(C) of section 3796.15 of the Revised
Code.

(B)
The state board of pharmacy may retrieve samples of
dispensary inventory and submit such samples to a testing laboratory for
appropriate testing upon reasonable suspicion that expired, damaged,
deteriorated, misbranded or adulterated medical marijuana:

(2)
Is intermingled
with a dispensary's medical marijuana inventory until they are destroyed in
accordance with the dispensary's destruction policy. Expired, damaged,
deteriorated, misbranded or adulterated medical marijuana shall not be stored
at the licensed dispensary for more than one week.

At any time after the successful
completion of a term of probation or suspension of a license, the state board
of pharmacy may reinstate the license to active status, if all conditions
precedent are demonstrated and are determined by the board to be
met.

Whenever the state board of pharmacy
revokes or suspends a medical marijuana dispensary license, it shall notify the
department of commerce, the medical board, local police departments and county
sheriff's office whose jurisdiction includes the licensee's dispensing
location.